Friday, December 17, 2010

Warning over download purchases

Consumer Focus reminds shoppers that digital products such as films, music and computer software are not subject to the same terms and conditions as CDs or DVDs

Consumers who buy digital music, films and computer software do not have the same legal protection as people buying CDs or DVDs, a consumer watchdog warned today.

Consumer Focus said digital products are not considered "tangible goods", so while consumers on the high street are protected by the Sale of Goods Act if their purchase is not of satisfactory quality, fit for purpose or as described, people buying digital goods online are not protected.

This means that if a downloaded song, movie or piece of software does not play on the buyers' computer or MP3 player, they have no legal right to a refund.

A survey published today by Consumer Focus found that more than half of people buying digital goods could not find any information on what to do if they had a problem with their purchase. Almost a quarter of orders for digital products placed as part of the survey did not come with a receipt.

Moreover, a third of shoppers in the survey were not provided with information about additional software and equipment needed in order for their purchase to work.

Philip Cullum, deputy chief executive of Consumer Focus, said: "It's crazy to have a situation where someone who buys music on a CD has the legal right to a refund if it doesn't work, but someone who downloads the same music does not. Consumer laws on buying digital goods, whether it is streaming films, or downloading music and software, need updating to reflect the reality of 21st-century life.

"The UK should be striving to be the best place in the world for digital consumers. Giving consumers better protection when they shop online and making it clear exactly what they are getting when they buy digital products will also help boost this growing market."

Consumer Focus is calling on retailers of digital products to introduce summary boxes to give consumers all the essential information they need before they complete their purchase. This would include details of the product's specifications, the full cost, a customer services helpline and the software and equipment required for the product to work.

The watchdog also wants the government to update consumer law so that the same core principles ? that goods must be of satisfactory quality, fit for purpose and as described ? cover digital goods and service as well as physical products.


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